The Tertiary decree stems from Article 175 of the ELAN law. It aims to reduce the energy consumption of tertiary buildings in France. Its aim is to limit the environmental impact of tertiary activities. It imposes progressive and significant reductions in final energy consumption.
These measures oblige owners and lessees to adopt rigorous energy strategies. They often have to carry out works and optimize usage to improve the energy efficiency of buildings.
The decree applies to all tertiary sector buildings with a surface area of 1000 m² or more. This includes offices, shops and warehouses, as well as public and private service buildings.
Building owners and, where applicable, lessees are required to implement these obligations. They must develop an action plan tailored to their building and identify opportunities for improvement in terms of energy performance.
In order to meet energy consumption reduction targets, a number of actions need to be considered:
Nexelec sensors, for example, are the ideal solution to meet these requirements. They enable real-time monitoring of essential parameters such as temperature, humidity and air quality, maximizing the energy efficiency of buildings.
Financial responsibilities are often shared between landlords and tenants. The French Commercial Code stipulates that the lessor must assume certain expenses related to energy performance. In a commercial lease, the lessor and lessee can negotiate the distribution of charges according to the work to be carried out.
The Tertiary sector decree requires owners and lessees to declare the energy consumption of their buildings on an annual basis. This declaration is made via the OPERAT platform, managed by ADEME. This platform is used to centralize and analyze energy data, in order to verify that buildings comply with the decree's objectives. Declarations must be made by September 30 of each year.
The main deadlines are as follows:
In the event of non-compliance, the prefect may give three months to rectify the situation. If this deadline is not met, fines may be imposed: 1,500 euros per building for individuals and 7,500 euros for corporate bodies. These fines can be accumulated. In addition, the names of offenders may be published on an official government website, risking damage to their reputation and business.
Intelligent sensors play an essential role in meeting the ever-increasing demands of energy performance. Nexelec sensors enable you to monitor energy consumption and critical building parameters in real time. Thanks to precise data on temperature, humidity and air quality, these sensors facilitate technical management of buildings, while guaranteeing compliance with the Tertiary sector decree.